By: Omar Silva

Editor/Publisher: National Perspective Bz – Digital 2025

www.nationalperspectivebz.com

Belize City: Wednesday 5th March 2025

As Belize approaches its March 12, 2025, general elections, the nation finds itself embroiled in a judicial and constitutional crisis that could shape the trajectory of its democracy for years to come. At the center of this storm is the High Court’s recent decision to dismiss Jeremy Enriquez’s application for interim relief, effectively allowing the government to proceed with elections under electoral boundaries that have been deemed unconstitutional since 2019. This development raises pressing concerns about judicial integrity, constitutional accountability, and whether Belize's courts are upholding democratic principles or shielding the government from legal scrutiny.

The High Court's Dismissal: A Judicial Deflection?

The court's rejection of Enriquez's case was based on procedural grounds, including document formatting issues, digital template signatures, and other technicalities. These concerns, while relevant to legal formalities, do not address the core constitutional violation at hand: the failure of the government to implement electoral redistricting in accordance with Section 90 of Belize’s Constitution.

Despite a 2019 consent order confirming that Belize’s electoral boundaries violate the Constitution, successive governments have stalled on redistricting, ultimately bringing the country to its current predicament. By focusing on procedural technicalities rather than the substantive constitutional breach, the judiciary risks appearing complicit in the government's delaying tactics, allowing an election to proceed under conditions that do not meet constitutional standards.

The Broader Implications: Judicial Integrity on Trial

This High Court ruling does not merely impact the upcoming election; it raises deeper concerns about the independence of Belize’s judiciary. Many High Court justices are contract employees from the Caribbean, reliant on government-controlled contract renewals. This dependency creates an inherent risk that judicial decisions could be influenced by political considerations rather than strict adherence to constitutional law.

If the judiciary continues to prioritize procedural deflections over substantive constitutional matters, it could set a dangerous precedent where constitutional violations become mere administrative inconveniences rather than enforceable legal breaches. Such a trajectory would undermine public trust in Belize’s judicial system and erode faith in democratic processes.

Should the CCJ Intervene?

With the High Court dismissing Enriquez’s case on procedural grounds, Belizeans must now consider whether it is time to escalate the matter to the Caribbean Court of Justice (CCJ). Unlike Belize’s domestic courts, the CCJ operates beyond national political pressures and has a track record of ruling on significant constitutional and electoral matters.

Legal Grounds for a CCJ Appeal:

Judicial Avoidance of a Constitutional Mandate:

The High Court has sidestepped addressing the government’s failure to implement redistricting, despite Section 90 of the Constitution mandating equal and fair electoral divisions.

Risk to Judicial Independence:

The reliance of High Court justices on government contract renewals raises concerns about impartiality in cases involving the administration.

Government’s Delay Tactics:

The administration, represented by high-powered attorneys including a government senator, is using legal loopholes and procedural delays to run out the clock until March 12, thereby nullifying any potential legal remedy.

Obstacles and the Path Forward

While taking the case to the CCJ is a logical step, it presents significant challenges. Typically, cases must pass through the Court of Appeal before reaching the CCJ, a process that could take months—potentially beyond election day. However, an alternative exists: filing for an emergency CCJ injunction.

An urgent appeal to the CCJ could be made on the grounds that allowing the elections to proceed under unconstitutional boundaries would cause irreparable harm to democratic rights. The CCJ has previously ruled on constitutional and electoral cases, making it a viable legal avenue to force both government accountability and international scrutiny of Belize’s governance crisis.

The Consequences of Inaction

If Belize’s judiciary fails to act, the repercussions will be severe. An election held under unconstitutional boundaries will not only cast doubt on the legitimacy of the next government but could also trigger post-election legal battles, political instability, and further erosion of public confidence in democratic institutions.

Additionally, Belize may face international scrutiny from organizations such as the Organization of American States (OAS) and CARICOM. The question then becomes: Will Belize act before it reaches a full-blown democratic crisis, or will it allow procedural technicalities to mask a deeper constitutional failure?

A Call to Action for Belizeans

The people of Belize must not allow this legal crisis to be swept under the rug. Democracy depends not only on holding elections but ensuring they adhere to constitutional and legal principles. Belizeans must:

Demand that the Court of Appeal expedites the case before March 12.

Push for an urgent CCJ intervention to prevent an election under unconstitutional conditions.

Hold the judiciary accountable for upholding democratic integrity, rather than enabling political maneuvering.

A Defining Moment for Belize’s Democracy

As election day looms, Belize stands at a constitutional crossroads. The judiciary now has a defining role to play: Will it reinforce democratic principles and uphold the Constitution, or will it allow political expediency to undermine the integrity of the electoral process? If the courts delay addressing the fundamental question of electoral fairness, they risk being forever complicit in dismantling Belize’s democracy.

The world is watching, and if justice is denied in Belize, the CCJ must intervene before it is too late. The future of Belize’s democracy depends on it.